Savannah morning news. [volume] (Savannah) 1868-1887, 1887-03-30
POSTAL EMPL0YE PASSES
INTERSTATE COMMERCE. LAWS
DO NOT FORBID THEM.

The Postmaster General Secures AN
Opinion from the Attorney General on
the subisct-A Circular Covering the
Points of the Opinion Sent Out to the
Railroad Companies.
WASHINGTON, March 29.--On March
21 the Postmaster General solicited from
the Attorney General an opinion upon
questions whether there be anything in
the act OF Feb. 4, 1887, entitled an act to
regulate commerce, which prohibits the
practice of receiving passes by employees
heretofore prevailing in this department,
and il any particular act prohibits con-
tlnuance by railroad companies OF the
practice of transporting postal employees
free OF charge as heretofore, and in what
degree and what limitations. Upon re-
ceiving the reply of the Attorney General
the Postmaster General issued a circular
addressed to the division superintendent,
inspectors and other officials and en-
ployes OF the railway mail service.
THE CIRCULAR.
This circular embodies the substance
OF both the letter OF inquiry ard the reply,
and is as follows:
The attention of the department has been
invited by the officers of many railroad COM
panies to the interstate commerce act, with
the inquiry how far those provisions which
they have deemed restrictive of free travel
affect persons or employees Of the postal SER
vice. The correspondence has almost uni
versally contained expressions of Willingness
TO continue the facilities heretofore Afforded
unless such course be IN contraventlOn OF the
law, In order to get a satisfactory exposition
of this point the opinion of the Attorney Gen
eral was solicited. The Attorney Generals
opinion, which has been furnished to the press
at length, is that the interstate act does not
affect the postal service, but Is in regulation
OF commerce only, and he concludes as fol-
lows: "As the act does not include the mail
service in its provisions none OF the lawful,
customary and necessary instrumentalities by
which that seryIce is conducted are subjected
to the law.
PART OF THE SERVICE.
Among the lawful, customary and necessary
instrumentalitles for efficient. consistent and
successful conduct of the service. the Post
Office Department is authorized by law To
send officers, agents and clerks of the govern
ment to take charge Of protect and distribute
the malls and to search for and investigate
errors, frauds or crimes relating to them.
Persons thus employed when in actual line of
duty or when IN pursuance thereof, going to
or returning from their places of residence,
while in the performance of service, or to or
from their assigned line of duty in the ordl-
nary and customary course of the service,
should be regarded as in the performance OF
OIL ;ial duty and unaffected by the provisions
OF the act"
RELIEVED FROM DANGER.
This authoritative Interpretation relieves
all railroad companies employed IN carrying
the mails from any risk of violation of the
statute by a continuance OF the courteous
methods ofintercourse ana business heretofore
prevailing between the department and the
railroad companies. 1t should. perhaps, he
added by way of information, that the trans
portallon given to inspectors upon commis-
sion of the department and to postal clerks
| In line of their duty is not free travel, but by
law and regulations constitutes part of the
service psid for in the mileage compensation
to railroad carriers. Inspectors and postal
clerks who may be required by any mail con-
tractor to pay fare when travelling on official
duty Will take receipt for the same and re-
port the facts to the department that the
amount may be deducted from the carriers
compensation according to long established
Uses,